What are the rights of the divorced woman that has no children in the UAE law?
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Divorce | Family Law

What are the rights of the divorced woman that has no children in the UAE law?

What are the rights of the divorced woman that has no children in the UAE law? The rights of a divorced woman in the alimony, waiting period and dowry vary according to her legal position with her husband WhatsApp: +971555570005

What are the rights of the divorced woman that has no children in the UAE law?

 

The rights of a divorced woman in the alimony, waiting period and dowry vary according to her legal position with her husband:

 

The First Case:

The divorcee before consummation of the marriage is entitled to half of the dowry. If she has collected the full dowry, she has to return its half. Article 53 of the UAE Personal Status Federal Law number 28 of 2005, the third paragraph states that:

The divorced woman, before consummation of the marriage, is entitled to half the stated dowry and, if not determined, the judge may adjudge to her a compensation not exceeding half the dowry payable under similar circumstances.

 

The Second Case:

The divorcee in a revocable divorce, means single pronouncement of divorce, is entitled to alimony and sheltering during the waiting period. This is according to Article 69 which states:

Alimony and sheltering, during the waiting period (“idda”), are due to the divorcee in a revocable divorce.

Noting that the revocable divorce does not end the marriage contract until the waiting period is expired.

 

The Third Case:

The divorcee in an irrevocable divorce is entitled to sheltering only, according to Article 69 which states;
Sheltering only is due in the waiting period for the divorcee in an irrevocable divorce if she is not pregnant.

The irrevocable divorce ends the marriage contract.

 

The Alimony Forfeiture:

Alimony to the wife is forfeited in the following instances, mentioned in Article 71 as follows:

Alimony to the wife is forfeited in the following instances:

1) Should she refuse to give herself to her husband or refuse to reintegrate the conjugal domicile without lawful excuse.

2) Should she abandon the conjugal domicile without lawful excuse.

3) If she forbids her husband to enter the conjugal domicile without a lawful excuse.

4) If she refuses to travel with her husband without a lawful excuse.

5) If a judgment or decision is rendered by the court, restraining her freedom, in a matter to which the husband is not entitled, and the said judgment or decision is in the process of execution.

The Compensation and Its Value:

 

In addition to the aforementioned, the divorcee from a valid consummated marriage is entitled to compensation. It is given to the divorcee after consummation as consolation and support, other than the alimony, if her husband divorces her by his will and without her request. Its value and method of payment is mentioned Article 140 which states:

 

” In case the husband divorces his wife from a valid consummated marriage by his unilateral will without a request from her, she is entitled to a compensation other than the alimony paid during the waiting period depending on the financial status of the husband provided it does not exceed a one-year alimony payable to those in similar condition. The judge may order that it be paid by installments depending on the degree of solvency or insolvency of the husband. In assessing the amount thereof, the prejudice sustained by the wife shall be taken into consideration.”

 

 

Mohamed Mahmoud Al Marzooqi law firm

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

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What are the rights of the divorced woman that has no children in the UAE law? The rights of a divorced woman in the alimony, waiting period and dowry vary according to her legal position with her husband WhatsApp: +971555570005

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